ValleyFlyer: Terms and Conditions

Document Purpose

This document outlines the terms and conditions of carriage for passengers travelling with Cityline (NZ) Limited (“Valley Flyer”). A person who uses any part of the transport system provided by Valley Flyer (“Passenger”) agrees to abide by these conditions.

1. Fares:

1.1 Passengers must either pay a fare, or show a valid pass issued by Valley Flyer, or show a SuperGold Card, or pay using a Snapper, or present a monthly pass for their journey in accordance with Valley Flyer’s fare schedule. If evidence of payment of the correct fare cannot be shown on demand another fare must be paid.

1.2 Illegible tickets or passes will not be accepted.

1.3 Cash tickets are not transferable to another person.

1.4 No Passenger shall travel on the vehicle beyond the point for which they have paid a fare.

1.5 Groups of Passengers travelling on the same ticket must be able to produce the ticket on demand. Any Passenger continuing on a journey without a ticket will be required to pay another fare.

1.6 All fares include GST

1.7 Transfer tickets are available to Valley Flyer Passengers and entitle the passenger to travel for one zone free strictly on the conditions that:

(a) As the transfer process is automated, transfers are only able to be used within 20 minutes of the previous tag off regardless of any delay of services;
(b) The Passenger transfers to the next available service;
(c) Transfers must be onto a different route and within 20 minutes of tagging off the previous bus or another fare will need to be paid;
(d) The transfer must be for an onwards journey;
(e) Transfers must be within the same zone (a transfer from a bus in Zone 4 onto a bus in Zone 3 is not allowed);
(f) A Transfer is NOT valid for a return trip;
(g) Transfers are only available if the fare is paid using Snapper.
(h) Transfers are not available with cash fares.
(i) A maximum of two transfers are allowed per journey;
(j) Tagging onto the next available service must occur within the Hutt Valley;
(k) Transfers are not available onto route numbers 80, 85 & 90 or on Night Rider services (routes N8, N22, N66 and N88);
(l) Transfers are not available onto the Airport Flyer (route 91) except from route 110 at Queensgate, Lower Hutt.
(m) Runcimans school services allow a transfer to any Valley Flyer service (or vice versa) at the Upper Hutt Station;

2. Snapper and Monthly Passes.

2.1 Valley Flyer is a Snapper Services Limited authorised public transport operator and as such, can accept payment of adult bus fares by way of the Snapper stored value cards (“Snapper Card”) on Snapper compatible buses. Such acceptance is subject at all times to the Snapper terms and conditions (found at www.snapper.co.nz) and subject to the below.

2.2 Snappers currently cost $10 including GST. This is an introductory offer, as they will retail at $15 including GST in a few months time.

2.3 It costs 25 cents each time you feed your Snapper at a merchant.

2.4 Adult and Child passengers who pay for their journeys by using their Snapper Card are provided with a discount of 20% off the price of zones 1-9 and the Airport Zone cash fares. This discount is not provided on special fares, ie the City Section cash fare, Stadium Shuttle fares and After Midnight service fares and any other special fares as may be advertised from time to time on www.valleyflyer.co.nz.

2.5 All children attending full time primary, intermediate or secondary schools are entitled to an automatic 20% discount off the cash price of a single child fare* if they purchase a Green Child Snapper Card or a Red Child Snapper in accordance with clauses 2.6 to 2.9 of these Conditions of Carriage.2.6 Children attending primary and intermediate school (Year 1-8) may purchase a Green Child
Snapper Card. The Green Child Snapper Card will be available from a range of merchants displaying the “Snapper” sign. Green Child Snapper Cards are not required to be registered, but we strongly recommend that they are registered to protect the value on them if they are lost or stolen.

2.7 Children attending full time secondary school (Year 9-13) may purchase a Red Child Snapper
Card. The Red Child Snapper Card stores the cardholder’s date of birth and flags that they are a school student, entitling the cardholder to the child fare discount. Each eligible Child will need to complete a Red Child Snapper Card application form and provide proof of date of birth (eg: drivers licence, birth certificate,
passport, school ID card).

2.8 If the Child is 16 years or older the Child will also need to provide proof of enrolment at a secondary school (eg: school ID, school letter or school fee invoice).

2.9 If the Child is aged 16 or over the Red Child Snapper Card is valid until 28 February the following year. If the Child is a returning to secondary school full-time the Child will need to renew their Red Child Snapper Card each year.

2.10 Visit www.snapper.co.nz or call 0800 555 345 to register and protect the Green Child Snapper Cards and/or renew the Red Child Snapper Cards. You can also view Snapper Card’s transaction history online and new features as they become available.

2.12 Valley Flyer retains the right to review and amend the discounts provided to Snapper Card holders from time to time. Any amendments to the discounts or fares payable will be advertised on www.valleyflyer.co.nz.

2.13 Each time a Passenger uses their Snapper Card, they must ensure that the stored value on the card is at least the minimum permissible fare for that route at the start of the journey. Failure to meet this requirement will result in the Passenger being required to pay a cash fare for their travel.

2.14 The Snapper readers indicate the amount of remaining value on the card when the Passenger tags off the bus, once the stored value reaches the sum of $12.00 or less.

2.15 Passengers may review their Snapper Card transactions using the online registration facility noted at www.snapper.co.nz. Valley flyer encourages Snapper Card users to register their cards, however accepts no responsibility or liability for any errors or omissions on the transaction records provided by Snapper Services Limited.

2.16 Passengers using a Snapper Card must hold, not swipe, their card flat, parallel with the Snapper reader. Failure to do so may result in the card not being read in the system and an error message displaying on the card reader.

2.17 If the Snapper Card is unable to process payment for a journey for any reason whatsoever, the Passenger may be required to pay a cash fare for their travel.

2.18 Those persons wishing to pay for transport for more than one Passenger using their Snapper Card must advise the driver upon entry onto the bus. This option is only available where all Passengers relying on the Snapper Card are travelling to the same destination.

2.19 Passengers using the Snapper Card must ensure that they tag off the bus when exiting. Snapper readers give confirmation of successful tagging off by an illuminated green circle and audible signal tone. Failure to tag off will result in the maximum cash fare on that route being charged to their Snapper Card. This may result in a Passenger’s card going into debit.

2.20 Any outstanding funds on Snapper are refundable when the card is surrendered in good condition to Snapper. Call Snapper on 0800 555 345.

2.21 Valley Flyer will make every effort to ensure that the Snapper readers installed on the Valley Flyer and Airport Flyer buses are fully functional, with all readers tested at the commencement of each journey. However, Valley Flyer does not accept any liability for any loss caused by faulty Snapper readers or any consequential loss flowing from a failure or fault with a Snapper reader for any reason whatsoever.

2.22 Any issues or concerns regarding a faulty Snapper Card should be referred to www.snapper.co.nz or 0800 555 345.

2.23 All passes are non-transferable and non refundable; and remain the property of Valley Flyer and may be withdrawn in the case of misuse.

2.24 Passes will not be replaced if lost or stolen but may be replaced at Valley Flyer’s sole discretion if damaged or defaced.

2.25 Go Wellington monthly passes and day passes may be used on Valley Flyer services within zones 1-3, between Wellington Airport and Ngauranga (specifically Ngauranga Gorge Intersection). This includes: monthly Gold Pass, Bus King, Wellington Daytripper and Wellington Group Daytripper. Platinum Passes may be used on Valley Flyer After Midnight Services.

2.26 The Airport Flyer has its own separate fare schedule. Passes accepted on this service include Star Pass, Discovery Pass and the Metlink Explorer. The GO Wellington Gold Pass may be used on this service within zones 1-3, however no other GO Wellington passes or tickets can be used on this service.

2.27 The Hutt Valley monthly pass is valid for one calendar month from the first of the month, for travel with zones 4-8 (within the Hutt Valley) on all Valley Flyer bus services and the Airport Flyer excluding services south of Petone.

2.28 HuttPlus – combined bus and train monthly pass can be used within zones 4-8 (within the Hutt Valley). The Huttplus Pass cannot be used on the Airport Flyer Service, Runciman Motors Upper Hutt to Wellington bus service, Eastbourne routes 81 – 85 or on the Valley Flyer After Midnight service

2.29 Passes must be shown on request.

3. Child and Student Fares

3.1 Children under the age of 5 years will be carried free of charge on all services, if accompanied by an adult or child ten years of age or over. Children aged 5 to 15 pay child fares at all times.

3.2 16-19 year olds who are in full-time secondary education can pay child fares if they are wearing school uniform or on production of a current photo ID issued by their school. Failure to provide a current school photo identification may result in the passenger being required to pay an adult fare.

3.3 Children who have purchased Green Child Snapper Cards or Red Child Snapper Cards in accordance with clauses 2.5 to 2.9 of these Conditions of Carriage, will receive an automatic 20% discount off the cash price of a single child fare*.

3.4 Any Passenger travelling on a child fare must stand if an adult requires a seat.

3.5 Children and Students are only permitted to board or exit a bus via the front door on all school bus services.

3.6 Adults are responsible for the behaviour of accompanying children in their care or under their supervision.

4. Concessionary Fares

4.1 Passengers with a Foundation of the Blind Pass may travel for child fares upon presentation of this Pass. Their travelling companion may also travel on Child fares provided the blind person does not have a guide dog. Passengers who fail to provide their pass upon request may be required to pay the adult cash fare.

4.2 Card Holders of SuperGold Cards are eligible to travel free of charge on services boarded between 9.00am and 3.00pm or after 6.30pm Monday to Friday and anytime on Saturday, Sunday and Statutory Holidays. A Card Holder who fails to provide their SuperGold Card upon request may be required to pay the adult cash fare.

4.3 In each bus four front seats have been nominated for the use of the elderly and disabled. Able-bodied passengers are required to give up these seats if an elderly or disabled person requires these seats.

4.4 Special fares may be set for particular services. They will be identified by a message on the destination blind or sign, or by a sign by the front door. These are usually indicated as "Minimum Fare" or "Special Fare" or “Adult Fares only.” In such cases, the discounts offered upon presentation of one of the aforementioned permits will not apply.

4.5 Disabled passengers who have a letter of entitlement from the Disabled Resource Centre are able to travel with discounted fares. Passengers must apply to the i-SITE Visitor Centre in Laings Road, Lower Hutt for these special fares.

5.3 Refunding or transferring to Snapper, any money on Go Rider cards may be done by Valley Flyer when the card is surrendered in good condition until 30 September 2009.

5.4 Refunding money on Snapper may be done by Snapper when the card is surrendered in good condition. Call Snapper on 0800 555 345.

5.5 No refunds are made by Valley Flyer for Snapper or Go Rider Stored Value cards that are damaged or defaced in any way.

6. Duty to Carry Passengers

6.1 The Operator shall, within the legal loading limits of the vehicle, or any applicable passenger restriction, carry all passengers who wish to use the service. The Operator may refuse to carry any person, or may require any person to leave the vehicle, if that person:

6.1.1 Is in a filthy condition; or

6.1.2 Is consuming food or drink or appears to be under the influence of alcohol or any other intoxicating substance; or

6.1.3 Is noisy, offensive, violent or is disturbing the public peace, or the Operator otherwise has reasonable grounds to believe that the personal safety of the Operator or any other passenger is being threatened by that person; or

6.1.4 Has damaged or is threatening to damage the vehicle or its fittings; or

6.1.5 Is accompanied by an animal, unless that person is disabled and the animal is an assistance dog; or

6.1.6 Is unable or refuses to pay the correct fare for the journey, or has travelled beyond the point to which he has paid to travel and is unable or refuses to pay the additional fare due; or

6.1.7 Is smoking any substance or material whether by use of a cigarette or pipe or any other means.

6.2 Passenger’s Agreed Responsibilities:

6.2.1 No food or drink is to be consumed on the bus.

6.2.2 Passengers must not enter or leave (or attempt to enter or leave) a vehicle other than at an authorised bus stop when the bus is stationary, nor behave in a distracting or irresponsible way.

6.2.3 Passengers must not enter (or attempt to enter) the vehicle through any entrance until all alighting Passengers have alighted.

6.2.4 No Passenger shall stand on the steps of the vehicle or alongside the Operator.

6.2.5 No Passenger shall play aloud any musical instrument, radio or musical apparatus.

6.2.6 No Passenger shall produce a ticket that is improperly altered or has expired or has been wholly cancelled.

6.2.7 Every Passenger shall upon request give to the Operator true and correct information as to where they have boarded the vehicle and details as to payment of the fare and shall produce for inspection the ticket/monthly pass which relates to the fare. If the Passenger has paid for their travel by Snapper Card, they must produce this when requested,
6.2.8 Every Passenger upon request shall give to the Operator true details of their name and address, where the Operator has good reason to require that information.

6.2.9 Where the contract of carriage would otherwise be subject to the provisions of the Consumer Guarantees Act 1993 and where the transportation services are supplied for business purposes, the Passenger agrees that such services are supplied for business purposes in terms of Sections 2 and 43 of the Consumer Guarantees Act 1993 and that the provisions of the Consumer Guarantees Act 1993 do not apply to the Passenger. Such a Passenger is not a Consumer for the purposes of these terms and conditions.

7. Luggage and Freight

7.1 The Company shall be under no liability for any loss or damage caused to any article it agrees to carry as luggage and freight.

7.2 No Passenger shall bring any large luggage, parcel, pram or pushchair onto the vehicle unless approved by the Operator and shall place it in the area provided for luggage. The Passenger agrees to indemnify the Company for any loss or damage caused to the Company property or other persons by the carriage of such articles. Passengers with prams must not block the aisle or any doorway with the pram. If there is no space available to park the pram away from the aisle, the chair should be folded and placed in the luggage compartment area and the child held on the knee or seated.

8. Lost Items

8.1 Any Passenger who finds any money or item which appear to have been lost or left on any vehicle shall hand it to the Operator or company employee and (if requested) be given a receipt.

8.2 Valley Flyer has the right to sell any lost items that have been unclaimed for three months by public auction (excepting perishable items which may be disposed of in such manner as the Company thinks fit). The net proceeds of such sale together with unclaimed monies shall be given to a charity of Valley Flyer's choice.

9. Valley Flyer Property & Staff

9.1 Except with the prior written consent of Valley Flyer, no person or Passenger shall put any signs or markings on company property, or beg or solicit money from Passengers and staff.

9.2 No person shall remove or damage any Valley Flyer notice or sign or interfere with any part of Valley Flyer property used in the Transport System.

9.3 No person shall in any way willfully impede or interfere with the vehicles used in the Transport System or prevent them from travelling at their ordinary rate of speed.

9.4 No person shall threaten with violence or abuse or willfully assault any Passenger or Operator.

9.5 No animals (other than a properly certified guide dog) shall accompany any Passenger on the vehicle.

9.6 Valley Flyer shall have the right at all times to issue passes to enable persons to travel on Valley Flyer vehicles free of charge, upon such terms and conditions as it may decide.

9.7 Any person who damages or causes to be damaged any property of Valley Flyer shall be liable for the cost of the repair and reinstatement of that property together with any other related or consequential losses, damage or expense Valley Flyer may have incurred.

9.8 Neither Valley Flyer nor any Operator, employee or agent shall be under any liability whatever directly or indirectly caused by or arising out of anything done by Valley Flyer, Operator, employee or agent pursuant to these conditions

9.9 Nothing in these terms and conditions shall prevent a Passenger who is a Consumer from holding or exercising any rights of remedies that Passenger may have under the Consumer Guarantees Act 1993.

9.10 Valley Flyer will make all reasonable efforts to carry passengers on time, however advertised times are not guaranteed and do not form any part of any contract of carriage. Valley Flyer does not assume responsibility or liability for missing connections. If necessary Valley Flyer may without notice abandon, cancel or alter any service, substitute one bus for another, commence a service before or after the scheduled time of departure or deviate from the advertised route.

10.2 These Terms and Conditions shall be governed by and interpreted in all respects in accordance with New Zealand law and subject to the jurisdiction of the New Zealand courts

11. Charter Terms and Conditions

11.1 Passengers who use Charter Bus Services agree to be bound by the Condition of Carriage.

11.2 Written Charter quotes are only valid for 28 day from the date of the quotation.

11.3 Verbal quotes are not valid.

Definitions

In these conditions unless inconsistent with the context the following terms shall bear the following meanings:

"Employee" means and includes any servant or agent of Valley Flyer with responsibility, express or implied, for the proper operation of Valley Flyer’s services or for the protection of its vehicles or other property.

"Consumer" means a consumer as defined in Section 2 of the Consumer Guarantees Act 1993 but does not include a passenger, who, by clause 7.2 (ix) of these terms and conditions, has agreed not to be subject to that Act.

"Fare" means any fare, toll or charge, which may be fixed from time to time by Valley Flyer in respect of its Passenger service, or any special Passenger service, which it may from time to time provide.

"Operator" means and includes any Depot Officer, Supervisor, Driver or Passenger loading assistant for the time being in charge of a vehicle or engaged in the duties of issuing or inspecting tickets or regulating the loading or operation of vehicles.
"Passenger" means any person being carried by or about to be carried by Valley Flyer on a vehicle whether by special pass, hire or reward on the transport system and every other person bound by these conditions.

"Pay and Payment" and words of like meaning in relation to fares, include:

(i) The production of an authorised concession ticket/card, transfer ticket/card or other special ticket, card or electronic device for cancellation or partial cancellation either by the Operator or by machine for the Passenger's journey.

(ii) The production of an approved pass or season ticket.

(iii) The offer of money to the Operator in payment of the fare for which a ticket or electronic device shall be issued as a receipt and paid has a corresponding meaning.

"Ticket" includes a pre-paid multi-trip fare card or period pass.

"Transport System" means and includes the public Passenger Transport System for the time being under the control and management of the Company.

"Vehicle" means and includes any omnibus, van and any other public Passenger conveyance belonging to the Company, or worked upon or in connection with the Transport System and used for the carriage of Passengers.

Effective June 2009

Terms and Conditions of Public Wi-Fi

PUBLIC WI-FI TERMS AND CONDITIONS OF SERVICE AND ACCEPTABLE USE POLICY

1. Access to the NZ Bus Free Wi-Fi Service (“the Service”)

The Service is a free public service provided by New Zealand Bus Limited (“NZ Bus”) on the Airport Flyer Service.

You acknowledge and agree:

a) That your access to the Service is at all times at the discretion of NZ Bus.

b) That your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of any of these Terms and Conditions, and any actions that may lead to liability for NZ Bus or its owners, disruption of access to other users or networks, and violation of applicable laws or regulations.

c) That you accept all of these Terms and Conditions of Use each time you use the Service and it is your responsibility to review these Terms and Conditions for any changes each time you use the Service.

d) NZ Bus reserves the right to revise any of these Terms and Conditions at any time.

2. Acceptable Use of the Service

Your access to the Service is conditional upon the legal, proper and responsible use of the Service. By using the Service, you agree that all activities conducted online through the Service shall not violate any applicable law or regulation or the rights of NZ Bus, or any third party.

NZ Bus prohibits the following activities to be conducted using the Service:

a) Sending unsolicited bulk or commercial messages over the Internet or engaging in activities that invade another's privacy.

b) Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

c) To advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. NZ Bus will notify and fully cooperate with law enforcement if it becomes aware of the Service being used in connection with child or other pornography or the solicitation of sex with minors or any other indecent purpose.

d) Transmitting, posting, uploading, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

e) Misrepresenting or forging message headers, whether in whole or in part, to mask the originator of the message.

f) Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or any other information gathering activity.

g) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, Malware, pinging, flooding, flaming, mailbombing, or denial of service attacks. In addition, engaging in any activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment.

h) Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms and Conditions.

i) Using the Service in violation of any applicable law or regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.

j) Selling, transferring, or renting the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

3. Disclaimer

You acknowledge and accept:

a) That the Service may not be uninterrupted or error-free and that there may be certain “black spots” during the travel, for example, through Mount Victoria Tunnel and on the Airport Terminal Bridge;

b) That NZ Bus does not guarantee the speed or frequency of the connection of the Service;

c) That NZ Bus is only providing the Wi-Fi Service. The service does not contain inherent anti-virus , malware, or firewall protection for you or your computer. You remain responsible at all times for the security of your device and should take measures to ensure the security of your wireless connection through methods such as encryption, firewalls and anti-virus software;

d) That connection to the Service may be subject to capacity restrictions and networking ability of your Wi-Fi device.

e) That the Service is provided on an “as is” and “as available” basis without warranties of any kind.

4. No Consequential Damages

You acknowledge and agree:

a) That under no circumstances will NZ Bus, or their directors, employees or agents, be liable for consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of a user (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising directly or indirectly from the use of the Service.

b) That in no event will NZ Bus incur any liability in any action or proceeding in connection with the use of the Service.

5. Indemnity

You agree:

a) To indemnify and hold harmless NZ Bus, and their officers, directors, employees and agents from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable solicitor’s fees) arising out of or related to your use of the Service, or any materials downloaded or uploaded using the Service, or any actions taken by you in connection with your use of the Service.

6. General

a) NZ Bus may refuse to carry any person, or may require any person to leave the vehicle, or may insist that any person ceases to use any communications device, whether capable or incapable of using or interfering with the Wi-Fi serice if that person breaches or appears likely to breach these Terms and Conditions.

b) These Terms and Conditions shall not be construed as creating a partnership, joint venture, agency relationship between the parties.

c) If any provision of these Terms and Conditions are held to be unenforceable, in whole or in part, such invalidity will not affect the validity of any other provision of these Terms and Conditions.

d) NZ Bus’ performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions shall waive or impede NZ Bus’ right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by NZ Bus with respect to such use.

Instructions on How to Connectto Wi-Fi

To use the Service, you will need a Wi-Fi enabled laptop, PDA, handheld, or other suitable wireless-enabled device. Please refer to your mobile device or IT manager for connectivity information. We do not guarantee your device will operate as intended with the Service, nor do we provide support for these products.

Wi-Fi service can accommodate basic internet browsing, checking and sending emails, streaming multi-media downloads, and file transfers. Due to the characteristics of the cellular network, there may be locations where service is intermittent or unavailable. In addition, overall connection speed may be affected by the number of Wi-Fi users on the bus.

By using the Wi-Fi service, you assume all associated risks and remain responsible at all times for the security of your device. You should ensure that you take measures to protect the security of your wireless connection through methods such as encryption, firewalls and anti-virus software. NZ Bus is not providing security, support or related services, and all questions regarding these topics, and whether and how a user should use this service, should be directed to an information technology professional familiar with the user’s hardware, software and/or use policies.

Please do not ask the bus driver for assistance with your Wi-Fi connection. Drivers have not been trained to evaluate and fix internet or connectivity related problems.

Please note that NZ Bus reserves the right to refuse to carry any person, or to require any person to leave the vehicle, who views, downloads or transmits any objectionable material.

By using the free Wi-Fi service provided, you are agreeing to the above and the Terms and Conditions of Use set out at www.airportflyer.co.nz